ASSUMPTION OF RISK; WAIVER AND RELEASE OF RIGHTS AND CLAIMS
I recognize and acknowledge that as a recipient of the personal training services provided by the Downer Fitness Garner LLC I and/or my minor/ward will periodically engage in strenuous physical activities involving the use of weight training and other exercise equipment such as treadmills, free weights, elliptical machines, exercise bikes, chest presses and squat racks among other equipment, which activities entail the risk of serious and other injuries, including, but not limited to: broken bones, strains, sprains, bruises, concussions, heart attack, viral or other pathogen infection, and in some cases, permanent disability and even death. I also understand that severe social and economic loss might result not only from my own actions but also from the actions, inactions or negligence of others, or the condition of the premises or equipment used in connection with such activities. Nevertheless, I agree to assume the risk of injury, damage, or loss regardless of severity that I, my minor/ward, or other family member or kin may sustain as a result of the activities I engage in as the personal training services provided by Downer Fitness Garner LLC
Accordingly, I agree to waive, relinquish, discharge, release, and covenant not to sue Downer Fitness Garner LLC or its parent, sister, affiliated and/or subsidiary corporations and related entities, their members, owners, officers, directors, partners, employees, consultants, contractors, advisors, agents, insurers, attorneys and volunteers, from any and all rights, claims of injury, demands, causes of action, damages, liabilities or loss that I, my minor/ward, or other family member may have or that may accrue to me, my minor/ward, or other family members arising out of, connected with, or in any way associated with the personal training services provided by the Downer Fitness Garner LLC. Notwithstanding the foregoing and any other provision of this Agreement, I do not waive any rights to seek redress due to the reckless conduct of others or due to the conduct of others, which is both intentional and wrongful.
I have considered that if this Agreement were not as broad as it is, the cost of the personal training services provided to me and/or my minor/ward by Downer Fitness Garner LLC would be considerably higher and I do not wish to pay a considerably higher cost. By signing this Agreement, I waive the right to bargain for different terms in this Agreement. I also understand that if I later learn that any fact that I believed to be true at the time I signed this Agreement is later to be found incorrect, I nevertheless am bound by this Agreement.
In no event shall Downer Fitness Garner LLC be liable for any cause of action, claim, damage, demand, expense, fine, investigation, liability, or penalty in excess of the amounts that you paid to us in the preceding 12 months, whether one time or in the aggregate.
You agree to defend, hold harmless, and indemnify us for any of your negligent or reckless acts or omissions or breach of this Agreement. You warrant and represent that you have no medical or other condition, which would prohibit you from participating in any of our programs.
This Agreement constitutes the entire agreement between the Parties on the issues contained in this Agreement and supersedes all prior agreements and/or memoranda including any oral representations or agreements made by any Downer Fitness Garner LLC representative. This Agreement may only be modified in writing with the written consent of both Parties. This Agreement is intended to bind only the Parties hereto, and their successors, and may not be assigned by you without the express written consent of Downer Fitness Garner LLC.
This Agreement shall be governed by the laws of the State of North Carolina. All Parties irrevocably consent that the venue and jurisdiction of any dispute shall lie in Wake County, North Carolina. In the event that a court determines that any provision of this Agreement is invalid, all other provisions shall survive and the Agreement shall be interpreted to fulfill the intent of the Parties as shown in this Agreement.
I have read this Agreement thoroughly and fully understand it. I enter into it voluntarily on behalf of myself, my heirs, next of kin, assigns, personal representatives, related individuals and related entities. No one has made to me any representations statements, or inducements that change or modify anything written in this Agreement.